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Exemptive, No-Action, & Interpretative Letters for CFTC.gov.

Daily newsbrief journal for May 2013, also see http://www.usdemocrats.com/weblog for a global compendium library and follow twitter @usdemocrats


Exemptive, No-Action, & Interpretative Letters for CFTC.gov.

Postby admin » Fri May 24, 2013 6:41 pm

Exemptive, No-Action, & Interpretative Letters for CFTC.gov.
http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTMwNTI0LjE5MTY4ODIxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDEzMDUyNC4xOTE2ODgyMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3NTgzMzEyJmVtYWlsaWQ9amltdGFrZWRhQGdtYWlsLmNvbSZ1c2VyaWQ9amltdGFrZWRhQGdtYWlsLmNvbSZmbD0mZXh0cmE9TXVsdGl2YXJpYXRlSWQ9JiYm&&&100&&&http://www.cftc.gov/LawRegulation/CFTCStaffLetters/index.htm

The following letter has been added:

13-17; Section 4m(1) of the Act; Registration as a Commodity Pool Operator; No-Action; March 13, 2013
The Division of Swap Dealer and Intermediary Oversight provided no-action relief to the general partners of two commodity pools from registering as a CPO under Section 4m(1) of the Commodity Exchange Act, and allowed an affiliated CPO (“designee”) to serve as the CPO of the pools instead, where, among other things: (1) the general partners and the designee are under common ownership and control; (2) the general partners have delegated all of their management authority to the designee; (3) the general partners do not engage in the solicitation of investors for the pools and do not manage property of the pools; and (4) each of the general partners and the designee executed and submitted to the Division a written acknowledgement by which they undertake joint and several liability for any violation of the Act or the Commission’s regulations.

13-18; Section 4m(1) of the Act; Registration as a Commodity Pool Operator; No-Action; March 13, 2013
The Division of Swap Dealer and Intermediary Oversight provided no-action relief to the general partners of two commodity pools from registering as a CPO under Section 4m(1) of the Commodity Exchange Act, and allowed an affiliated CPO ("designee") to serve as the CPO of the pools instead, where, among other things: (1) the general partners and the designee are under common ownership and control; (2) the general partners have delegated all of their management authority to the designee; (3) the general partners do not engage in the solicitation of investors for the pools and do not manage property of the pools; and (4) each of the general partners and the designee executed and submitted to the Division a written acknowledgement by which they undertake joint and several liability for any violation of the Act or the Commission’s regulations.

13-19; Section 4m(1) of the Act; Registration as a Commodity Pool Operator; No-Action; March 13, 2013
The Division of Swap Dealer and Intermediary Oversight provided no-action relief to the general partner of a commodity pool from registering as a CPO under Section 4m(1) of the Commodity Exchange Act, and allowed an affiliated CPO (“designee”) to serve as the CPO of the pool instead, where, among other things: (1) the general partner and the designee are under common ownership and control; (2) the general partner has delegated all of its management authority to the designee; (3) the general partner does not engage in the solicitation of investors for the pool and does not manage property of the pool; and (4) the general partner and designee executed and submitted to the Division a written acknowledgement by which they undertake joint and several liability for any violation of the Act or the Commission’s regulations.

13-20 ; Section 4m(1) of the Act; Registration as a Commodity Pool Operator; No-Action; March 13, 2013
The Division of Swap Dealer and Intermediary Oversight provided no-action relief to the managing member of a commodity pool from registering as a CPO under Section 4m(1) of the Commodity Exchange Act, and allowed an affiliate (“designee”) to serve as the CPO of the pool instead, where, among other things: (1) the managing member and the designee are under common ownership and control; (2) the managing member has delegated all of its management authority to the designee; (3) the managing member does not engage in the solicitation of investors for the pool and does not manage property of the pool; and (4) the managing member and designee executed and submitted to the Division a written acknowledgement by which they undertake joint and several liability for any violation of the Act or the Commission’s regulations. The relief was subject to the conditions that the designee becomes and remains registered as a CPO and serves as CPO of the pool.
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